(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) Whoever violates § 72.031 shall be fined an amount not to exceed state law.
(2) A violation of § 72.031 shall not be deemed by virtue of such violation to constitute evidence of negligence or contributory negligence or comparative negligence in any civil action or proceeding for damages.
(3) If all seat belts in a vehicle are being used at the time of examination by a law officer and the vehicle contains more passengers than the total number of seat belts or other safety devices as installed in compliance with federal motor vehicle safety standards, the driver shall not be considered as violating § 72.031.
(W. Va. Code 17C-15-46) (Prior Code, § 345.31)
(C) Whoever violates any provision of § 72.094 shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both; provided, that on and after the first day of August, 2009, whoever violates any provision of § 72.094 shall be fined an amount not to exceed state law, and shall pay such court costs as directed by the Municipal Court.
(Prior Code, § 351.99)
(D) Unless another penalty is provided in §§ 72.110 to 72.115, whoever violates any provision of §§ 72.110 to 72.115 shall be fined an amount not to exceed state law, or imprisoned for a term not to exceed state law, or both except that for the second violation of § 72.113, the offender shall be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both. For the third or any subsequent conviction for violation of § 72.113, the offender shall be fined an amount not to exceed state law, or imprisoned for a term not to exceed state law, or both.
(W. Va. Code 17E-1-25) (Prior Code, § 353.99)
(E) (1) In addition to any other penalties provided by the state code or these codified ordinances, any person who drives, operates or is in physical control of a commercial motor vehicle while having an alcohol concentration in his or her blood, breath or urine of 0.04% or more, by weight, shall be imprisoned for a term not to exceed state law, and shall be fined an amount not to exceed state law. A person convicted of a second or any subsequent offense under the provisions of this division (A) shall be imprisoned for a term not to exceed state law, and the court may, in its discretion, impose a fine not exceed state law.
(2) A person who violates the provisions of division (A) above shall be treated in the same manner set forth in W. Va. Code 17C-19-3, as if he or she had been arrested for driving under the influence of alcohol or of any controlled substance.
(3) In addition to any other penalties provided by the state code or these codified ordinances, a person who drives, operates or is in physical control of a commercial motor vehicle having any measurable alcohol in such person’s system or who refuses to take a preliminary breath test to determine such person’s blood alcohol content as provided by W. Va. Code 17E-1-15 must be placed out of service for 24 hours by the arresting law enforcement officer.
(W. Va. Code 17E-1-14) (Prior Code, § 353.06)
(Ord. 09-07, passed 7-21-2009)